Introduction
Section 86 of the Social Work (Scotland) Act 1968 sets out the circumstances in which a local authority can recover the costs of providing services to a person 'ordinarily resident' in another local authority. Section 86 covers accommodation and services provided under:
The Scottish Government's long established policy and guidance is that normally the local authority in which a person is ordinarily resident is financially responsible for the community care services for that person. Revised guidance on ordinary residence, effective from 6 April 2010, is set out in Circular CCD 3/2010 and replaces previous guidance set out in Circular SWSG 1/96.
A review of Circular 1/96 began some time ago in order to address local authority requests for improved clarity to reduce the scope for disputes between local authorities, which are costly and time consuming to resolve. A working group was established to take forward the development of regulations and revised guidance. The related papers can be accessed from the working group page.
The Scottish Government consulted on guidance for Scottish local authorities on determining ordinary residence with a view to recovering expenditure under section 86 of the Social Work (Scotland) Act 1968 and related regulations in relation to the provision of accommodation, services or facilities to persons not ordinarily resident in their area. The consultation closed on Monday 19th January 2009. Responses fed into further work on the revised guidance. A summary of responses and action taken has been produced.
Disputes between Local Authorities
If there is a dispute about ordinary residence that cannot be resolved, then the local authorities concerned can apply to Scottish Ministers for a determination.
A Memorandum of Understanding is in place setting out the arrangements for cross border determinations involving English and Scottish local authorities. If a Scottish local authority is trying to recover money from an English local authority then Scottish Ministers will make the decision, in full consultation with Department of Health.
Further information
Is available from: Jan Raitt, (tel: 0131 244 3506 email: jan.raitt@scotland.gsi.gov.uk ) or Michael Cutts, (tel: 0131 244 3742 email: michael.cutts@scotland.gsi.gov.uk), or write to: Scottish Government, Primary and Community Care Directorate, Community Care Division, 2ER, St Andrew's House, Edinburgh EH1 3DG.